HomeMy WebLinkAboutMcGee Partial Demo-New Construction of a Second Building
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Courtney Kramer, Assistant Planner for Historic Preservation
Andrew C. Epple, Planning Director
Chris Kukulski, City Manager
SUBJECT: Zoning Application #Z-09145, a Site Plan Certificate of Appropriateness
application with partial demolition, requesting the following developments at 332 South Church
Avenue: 1) partial demolition of a contributing structure within the Neighborhood Conservation
Overlay District; 2) construction of a second floor on the existing single floor residence; 3)
demolition of the existing garage; 4) construction of a new 1,080 square foot, two story second
residential building in the rear yard; and 5) related site improvements (#Z-09145 COA/ADR).
[In the time since the application was publicly noticed, the applicants have submitted amended
plans for the proposed living quarters above the proposed new accessory garage which reduce
the space to a 599 square foot guesthouse.]
MEETING DATE: Monday, October 5, 2009
AGENDA ITEM TYPE: Action Item
RECOMMENDATION: Staff recommends conditional approval of the Certificate of
Appropriateness application with the following conditions:
Planning Conditions:
1. Documentation of the accessory structure to be demolished shall be completed prior to
issuance of a Demolition Permit. The applicant shall make every effort to salvage the
materials in the structure.
2. ADR Staff finds the amount of metal proposed for exterior materials of the building is
inconsistent with the character of the neighborhood and traditional building techniques.
The applicant shall reduce the amount of metal materials used on the second story of the
principal building. This can be accomplished through using a metal roof and shakes on
the second story walls or a traditional shake or asphalt roof and metal on the second story
walls. Another consideration might be using metal on the porches and dormer gables,
while using a more traditional material on the primary roof form.
3. A color and materials palette of all new construction materials and replacement materials
(windows, doors, roofing, etc.) shall be submitted to the Department of Planning for final
review and approval by Administrative Design Review Staff.
Water & Sewer Department Conditions:
4. The Water Department is requiring you to contact their Backflow Specialist at 582-3200
to arrange a time for an inception at this property to determine if the water service has a
backflow preventer or not. If it does not applicant will have a preventer and expansion
tanks installed and schedule a follow up visit after installation of these devices.
5. The Water & Sewer Department requires that separate buildings have separate sewer
lines. The sewer for the garage Accessory Dwelling Unit must be attached directly to the
main, while the water may be tapped from the house.
Fire Department Conditoins:
6. An approved provision for turning around of fire apparatus on any dead end access road
(alley) over 150 feet in length (2003 Uniform Fire code- NFPA 1: 18.2.2.5.4).
7. This access road and turn around shall be designd and maintained to support the imposed
loads of fire apparatus and shall be provided with a surface suitable for al-weather driving
capabilities (NFPA 1: 18.2.2.5.2).
[The Fire Code access issue for this property may also be remediated through installation
of fire suppression sprinklers in the building]
Engineering Conditions:
8. Documentation of legal alley access shall be provided. If it is determined that alley right-
of-way does not legally exist within Block E, Rouses 2nd Addition, then a Public Street
and Utility Easement shall be established to provide legal access to the north property
line of the project parcel. The easement shall be 25’ in width, acceptable in form and
content, and executed by the property owner(s) prior to issuance of Building Permit.
9. A turnaround, approved by the Bozeman Fire Department, shall be provided for dead-end
access exceeding 150’ in length. The access and turnaround shall be designed to support
the imposed loads of fire apparatus and shall be provided with a surface suitable for all-
weather driving capabilities. A Public Street and Utility Easement shall be established to
provide legal access for the turnaround. The easement shall be acceptable in form and
content, and executed by the property owner(s) prior to issuance of Building Permit.
[See Fire Department Conditions]
10. Any damaged sidewalk panels fronting the property shall be replaced prior to occupancy.
BACKGROUND: Michael McGee and Salal Huber-McGee submitted a Site Plan Certificate
of Appropriateness application with partial demolition, requesting the following developments at
332 South Church Avenue: 1) partial demolition of what has been determined to be a
contributing structure within the Neighborhood Conservation Overlay District; 2) construction of
a second floor on the existing single floor residence; 3) demolition of the existing garage; 4)
construction of a new 1,080 square foot, two story second residential building in the rear yard;
and 5) related site improvements.
No deviations are requested with this application.
Bozeman Municipal Code Section 18.28.080 requires public notice, review by Administrative
Design Review Staff and the Design Review Board, and approval of demolition by the Bozeman
City Commission for any structure identified by the Montana Historical and Architectural
Inventory as “Contributing” to a historic district. The same section of Municipal Code requires
subsequent treatment or development of the property to be approved prior to demolition.
Review and consideration for approval of this projet was initially scheduled for September 14,
2009. On the morning of September 14, 2009 the applicant submitted a request that the action
item for this project be opened and continued to no earlier than the September 28, 2009 meeting.
Monday, October 5, 2009 was the earliest the review could be fit onto the City Commission’s
agenda.
In the interim, the applicant approached the Bozeman Public Library Board regarding the
creation of an easement on property managed by the Library Board just to the north of the
McGee’s rear alley in order to facilitate construction of a turn around meeting the life/ safety
standards of the Bozeman Fire Department. Planner Courtney Kramer’s notes from that meeting
are included with this update memo, but generally the Library Board was unfavorable to creating
such an easement for the sole benefit of a handful of property owners. The Library Board could
not officially act on the request due to noticing issues, and did invite the applicant to return to the
Library Board with a specific request during their October meeting.
Simultaneously, the Fire Department clarified to Planner Kramer that regardless of the McGee’s
decision to fire-sprinkler or not fire-sprinkler the accessory garage, the Fire Department still
needs access in and out of the alley in order to protect the public welfare in case of fire on Pete’s
Hill or an accident on the tail corridor. Planning Staff recommended that the Fire Department
approach the Library Board about creation of such an access easement. Library Board members
indicated in the September 16, 2009 meeting that they may be more receptive to granting such an
easement in the welfare of the public (see CK’s notes).
FISCAL EFFECTS: The development, if carried forward, will require site improvements to
meet City standards that will be the responsibility of the applicant.
ALTERNATIVES: As suggested by the City Commission.
Attachments: C. Kramer’s notes from the September 16, 2009 Library Board meeting
Report compiled on: September 30, 2009
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Library Board meeting
September 16, 2009
Board Room of the Bozeman Public Library
Notes taken by: Courtney Kramer, Assistant Planner for Historic Preservation
These notes are those taken by the planner for the McGee project, and are not the official
minutes of the Library Board.
I. Chairman Ron Farmer calls the board to order
II. Review of the McGee Proejct:
a. S. McGee introduces herself, husband Michael and designer Chris Liberty before
introducing the project, which requests an easement to allow for installation of a
hammer head. She notes that there are six properties affected by the lack of
through access in this alley, as well as the Library. She hopes the Library board
will see this as a benefit for increasing access to the Library’s property back there.
i. Ron Farmer asks what alternatives are available that would allow the
project to move forward without requiring the library to grant an
easement?
1. Chris Liberty notes that this is the best option
ii. RF notes that they could sprinkler the building, or construct it within 150’
of South Church Avenue
1. CL notes this is true
iii. RF asks if they could extend the alley along the south of the Ball property
and connect it to Wallace
1. CKramer notes this is a possibility for increasing access in the
alley.
2. T. Cooper notes the possibility that the southern portions of S.
Wallace Avenue were vacated by the City of Bozeman, making
this option unlikely to succeed.
b. RF calls for Public comment
i. G. Gullickson (neighbor): supports the fire turnaround. They have
considered and ADU as well; this issue will come up again. Would like
the fire protection along the rear of his property
ii. J. Ball (neighbor at 323 S. Wallace): Has issues with the Library Board
giving away some of the property for an easement. Notes that the spirit of
the bond issue calls this open space, and questions if granting an easement
for the benefit of 4-5 property owners is not in the spirit of the bond.
Believes a number of parkland advocates would strongly object. Discuses
the background of the alley. Notes that CTEP and parkland funds have
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been used to purchase the alley and does not support the requested
easement.
iii. C. Ball (323 S. Wallace): in the past she was initially supportive of an
easement through the [Pete’s Hill] parking lot for the S. Church owners [to
allow access into the alley]. Did nor support further development in the
alley. Is frustrated by people’s abuse of the Library land and property.
Calls the property abused. Sees the hammer head as further abuse of the
property.
c. RFarmer asks staff to give an indication of the process?
i. Tim Cooper notes that due to the way the agenda was noticed, the Library
Board cannot take legal action on the issue at this time. They could offer a
general indication of their level of support, or lack thereof.
ii. CKramer outlined the process for review of the project. Noted that the
City Commission will review the COA for demolition of the principal
house on October 5, 2009. If the City Commission conditionally approved
the project, the applicants could return to the Library board again for a
more formal request, and the Library board could act at that time.
d. Board member inquires about the legal status of the alley? Does the alley legally
exist?
i. TC notes that the true legal status of the alley is uncertain. Balls say the
alley exists south of their property, everyone supports the idea that it is an
alley. There are three ways to deal with the issue of the Alley’s legality:
1. Create a mutual access easement amongst the neighbors on S.
Church who use the alley
2. Go through a quiet title process and figure it out in court
3. Just assume it is an alley
TC notes that so much of it was platted without perfection. There is
evidence of a right of way; the question for the Library Board is whether
they want to extend the right of way onto CMC land?
e. General Discussion:
i. SMcGee notes that they would like to see the hammerhead installed in the
most amicable, neighborly and low-impact fashion.
ii. Donna S (Library Board member): notes that she is concerned about he
potential precedent it sets
iii. Jayne Behr (neighbor): notes that there are fire access issues up Pete’s Hill
and over the cemetery land.
iv. SMcGee notes their desire to use the smallest option possible.
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v. TCooper: the sale of the bonds was purchased to build a library. When you
buy property with a bond you can sell it, but all proceeds must go back to
the library in order to address the tax exempt status.
vi. RF: his experience is that there is no limit to what could be done with the
property as long as the proceeds go back to the library
vii. JBall: inquires if the easement needs to be appraised?
viii. TCooper:the statue under which this situation operates does not require
appraisal.
ix. RFarmer: the Library board could confer the easement for a dollar
f. Consensus of the Board:
i. Board member Judy: sees the lack of access in this area as a safety issue.
Would be difficult for a fire engine to get our of Pete’s Hill parking lot.
Hopes that the weeds on this portion of the Library’s property would
continue to be mowed. Sees the turnaround as a positive thing. Is in favor
of granting an easement.
ii. Board member Donna: would rather see “the city” come forward with way
to address the concern over fire access.
iii. Jackie: the library is concerned with the loss of open space as a guiding
factor. Would prefer not to extend Wallace avenue, as it would create a
parking issue. Curious as to why the applicants wouldn’t do a sprinkler
system
1. McGee says a sprinkler system would cost $10,000; and every
other neighbor building a new garage would also have to install
sprinklers.
iv. R. Farmer: Abstains, as he is the McGee’s financial advisor. Notes that it
seems the consensus of the voting board members is currently not in favor
of granting an easement, but the McGee’s are welcome to re-address the
issue at the next Library board meeting if the City Commission
conditionally approves the project.
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Excerpt from the September 14, 2009 Draft City Commission Minutes.
1:41:52 3. Site Plan Certificate of Appropriateness with Partial Demolition, Application No.
Z-09145 for 332 South Church Avenue (Public Hearing) (Kramer)
1:42:18 Motion to open and continue the site plan certificate of appropriateness with
partial demolition, application no. Z-09145 for 332 South Church Avenue until October 5,
2009.
It was moved by Cr. Rupp, seconded by Cr. Becker to open and continue the site plan
certificate of appropriateness with partial demolition, application no. Z-09145 for 332
South Church Avenue until October 5, 2009.
1:42:39 Public Comment
Mayor Jacobson opened public comment.
1:43:11 Renae Lafond, Public Comment
Ms. Lafond of 1207 North Pine Crest drive spoke regarding the McGee’s and their contributions
to the community.
1:46:29 Jeff Ball, Public Comment
Mr. Ball of 323 South Wallace spoke regarding the alley way.
1:47:30 Mr. Epple
Mr. Epple stated that the City Attorney's office has done a lot of research on the alley.
1:50:06 Mayor Jacobson
Mayor Jacobson asked that the timer be started.
1:50:09 Mr. Ball
Mr. Ball spoke regarding the library property.
1:52:16 Public Comment Closed.
Mayor Jacobson closed public comment.
1:52:26 Vote on the Motion to open and continue the site plan certificate of appropriateness
with partial demolition, application no. Z-09145 for 332 South Church Avenue until
October 5, 2009.
Those voting Aye being Crs. Rupp, Becker, Krauss, Bryson and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Courtney Kramer, Assistant Planner for Historic Preservation
Andrew C. Epple, Planning Director
Chris Kukulski, City Manager
SUBJECT: Zoning Application #Z-09145, a Site Plan Certificate of Appropriateness
application with partial demolition, requesting the following developments at 332 South Church
Avenue: 1) partial demolition of a contributing structure within the Neighborhood Conservation
Overlay District; 2) construction of a second floor on the existing single floor residence; 3)
demolition of the existing garage; 4) construction of a new 1,080 square foot, two story second
residential building in the rear yard; and 5) related site improvements (#Z-09145 COA/ADR).
[In the time since the application was publicly noticed, the applicants have submitted amended
plans for the living quarters above the garage which reduce the space to a 599 square foot
guesthouse.]
MEETING DATE: September 14, 2009
AGENDA ITEM TYPE: Action Item
RECOMMENDATION: Staff recommends conditional approval of the Certificate of
Appropriateness application with the following conditions:
Planning Conditions:
1. Documentation of the accessory structure to be demolished shall be completed prior to
issuance of a Demolition Permit. The applicant shall make every effort to salvage the
materials in the structure.
2. ADR Staff finds the amount of metal proposed for exterior materials of the building is
inconsistent with the character of the neighborhood and traditional building techniques.
The applicant shall reduce the amount of metal materials used on the second story of the
principal building. This can be accomplished through using a metal roof and shakes on
the second story walls or a traditional shake or asphalt roof and metal on the second story
walls. Another consideration might be using metal on the porches and dormer gables,
while using a more traditional material on the primary roof form.
3. A color and materials palette of all new construction materials and replacement materials
(windows, doors, roofing, etc.) shall be submitted to the Department of Planning for final
review and approval by Administrative Design Review Staff.
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Water & Sewer Department Conditions:
4. The Water Department is requiring you to contact their Backflow Specialist at 582-3200
to arrange a time for an inception at this property to determine if the water service has a
backflow preventer or not. If it does not applicant will have a preventer and expansion
tanks installed and schedule a follow up visit after installation of these devices.
5. The Water & Sewer Department requires that separate buildings have separate sewer
lines. The sewer for the garage Accessory Dwelling Unit must be attached directly to the
main, while the water may be tapped from the house.
Fire Department Conditoins:
6. An approved provision for turning around of fire apparatus on any dead end access road
(alley) over 150 feet in length (2003 Uniform Fire code- NFPA 1: 18.2.2.5.4).
7. This access road and turn around shall be designd and maintained to support the imposed
loads of fire apparatus and shall be provided with a surface suitable for al-weather driving
capabilities (NFPA 1: 18.2.2.5.2).
[The Fire Code access issue may also be remediated through installation of fire
suppression sprinklers in the building]
Engineering Conditions:
8. Documentation of legal alley access shall be provided. If it is determined that alley right-
of-way does not legally exist within Block E, Rouses 2nd Addition, then a Public Street
and Utility Easement shall be established to provide legal access to the north property
line of the project parcel. The easement shall be 25’ in width, acceptable in form and
content, and executed by the property owner(s) prior to issuance of Building Permit.
9. A turnaround, approved by the Bozeman Fire Department, shall be provided for dead-end
access exceeding 150’ in length. The access and turnaround shall be designed to support
the imposed loads of fire apparatus and shall be provided with a surface suitable for all-
weather driving capabilities. A Public Street and Utility Easement shall be established to
provide legal access for the turnaround. The easement shall be acceptable in form and
content, and executed by the property owner(s) prior to issuance of Building Permit.
[See Fire Department Conditions]
10. Any damaged sidewalk panels fronting the property shall be replaced prior to occupancy.
BACKGROUND: Michael McGee and Salal Huber-McGee submitted a Site Plan Certificate
of Appropriateness application with partial demolition, requesting the following developments at
332 South Church Avenue: 1) partial demolition of what has been determined to be a
contributing structure within the Neighborhood Conservation Overlay District; 2) construction of
a second floor on the existing single floor residence; 3) demolition of the existing garage; 4)
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construction of a new 1,080 square foot, two story second residential building in the rear yard;
and 5) related site improvements.
No deviations are requested with this application.
Bozeman Municipal Code Section 18.28.080 requires public notice, review by Administrative
Design Review Staff and the Design Review Board, and approval of demolition by the Bozeman
City Commission for any structure identified by the Montana Historical and Architectural
Inventory as “Contributing” to a historic district. The same section of Municipal Code requires
subsequent treatment or development of the property to be approved prior to demolition.
FISCAL EFFECTS: The development, if carried forward, will require site improvements to
meet City standards that will be the responsibility of the applicant.
ALTERNATIVES: As suggested by the City Commission.
Attachments: Applicant’s submittal materials
Report compiled on: September 3, 2009
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CITY COMMISSION STAFF REPORT
McGee Partial Demolition, Rehabilitation and New Garage with Guesthouse Site Plan
COA/DEMO FILE #Z-09145
#Z-09145 McGee Partial Demolition and accessory garage with guest house Sketch Plan COA/ Demo
1
Item: Zoning Application #Z-09145, a Site Plan Certificate of
Appropriateness application with partial demolition,
requesting the following developments at 332 South Church
Avenue: 1) partial demolition of a contributing structure
within the Neighborhood Conservation Overlay District; 2)
construction of a second floor on the existing single floor
residence; 3) demolition of the existing garage; 4) construction
of a new 1,080 square foot, two story second residential
building in the rear yard; and 5) related site improvements
(#Z-09145 COA/ADR).
[In the time since the application was publicly noticed, the
applicants have submitted amended plans for the living
quarters above the garage which reduce the space to a 599
square foot guesthouse.]
Said property is zoned as “R-2” (Residential Two-Household, Medium Density District)
and is located within the Neighborhood Conservation Overlay
District.
Owner/Applicant: Michael McGee and Salal Huber-McGee, 332 South Church
Avenue, Bozeman, MT 59715
Chris Liberty, Liberty Drafting & Design
Date & Time: City Commission Hearing: Monday, September 14, 2009 at
6pm, Commission Meeting Room, City Hall (121 North Rouse
Avenue, Bozeman, Montana)
Report By: Courtney Kramer, Assistant Planner for Historic Preservation
Recommendation: Conditional Approval
PROJECT LOCATION
The subject property is located at 332 South Church Avenue and is legally described as 13 & 14,
Block E of Rouse‟s Second Addition, City of Bozeman, Gallatin County, Montana. The property
is 12,120 square feet in area, zoned “R-2” (Residential Medium Density District) and is located
within the Neighborhood Conservation Overlay District.
Please refer to the vicinity map on the following page.
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PROPOSAL & BACKGROUND
Michael McGee and Salal Huber-McGee submitted a Site Plan Certificate of Appropriateness
application with partial demolition, requesting the following developments at 332 South Church
Avenue: 1) partial demolition of what has been determined to be a contributing structure within
the Neighborhood Conservation Overlay District; 2) construction of a second floor on the
existing single floor residence; 3) demolition of the existing garage; 4) construction of a new
1,080 square foot, two story second residential building in the rear yard; and 5) related site
improvements.
Since the initial application, the applicant has revised the proposal for the second building and
diminished the second floor living space to 599 square feet and without a kitchen, thus making it
an accessory guest house.
Bozeman Municipal Code (BMC) 18.28.040 instructs that for projects requiring a Certificate of
Appropriateness (COA): “The Montana Historical and Architectural Inventory Form shall be
reviewed and, if necessary, updated by the historic preservation staff to reflect current conditions
on the site, prior to review of the proposal.”
In reviewing the residence at 332 South Church Avenue Historic Preservation Planning Staff
consulted with the Historic Preservation Advisory Board regarding the status of the property and
as a result found the current condition of the house‟s site, setting, form and materials to be such
that the property “contributes” to a potential historic district, and has updated the Inventory Form
for the property to reflect as such.
BMC Section 18.28.080 requires public notice and approval of demolition by the Bozeman City
Commission for any structure identified by the original or updated Montana Historical and
Architectural Inventory as “Contributing” to a historic district. The same section of Municipal
Code requires subsequent treatment or development of the property to be approved prior to
demolition.
BMC 18.80.800 defines demolition as “Any act or process that destroys, in part or in whole, a
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structure or archaeological site.”
Result of Inventory Update triggers City Commission Review
The Montana Historical and Architectural Inventory file, completed in 1984, designated this
property as “an intrusive element within a potential historic district.” This determination may
have been based on the asphalt siding sheathing the building at the time, which in combination
with the replaced windows and enclosed porch negatively impacted the building‟s integrity of
materials.
The original lap siding has been restored by the owners since completion of the inventory and, in
the intervening 25 years the enclosure of the porch has achieved historic significance of its own.
This restoration of original materials caused Preservation Planning Staff to reconsider the
“contributing” status of the site and complete a further investigation of the property‟s historic
significance and integrity.
The project proposes to utilize much of the existing foundation as well as many of the existing
structural walls, but given the extent of changes to the height, massing and overall character of
the structure, Preservation Planning Staff is reviewing this project as a demolition and focusing
review comments on the proposal as an infill project. Bozeman Municipal Code 18.81.800
defines Demolition as “Any act or process that destroys, in part or whole, a structure or
archaeological site.”
The project was also reviewed by the Bozeman Historic Preservation Advisory Board; notes
from the meeting are included in the packet to the Commission. The Planning Director asked the
BHPAB to weigh in on two specific issues:
1. Is Preservation Planning Staff‟s assessment of the structure as “contributing” correct?
2. Is this extensive rehabilitation “demolition”?
The BHPAB‟s review of the project reiterated Planning Staff‟s assessment and said, yes, it is
contributing and yes, this is demolition as defined in our code.
Update to Inventory file
The house’s history
The inventory file lists the house‟s construction as 1921 and the original owner as Amanda
Littleton. The Application for Water Service on file with the City of Bozeman‟s Engineering
Department records that either Amanda Littleton or FH Kempt was the owner of the property
and paid $27 to connect the property to water service using a ¾ inch lead pipe. Amanda Littleton
is typed into the record, but crossed out for F.H. Kempt. Application for Sewer Service, also
dated August of 1921 has the same notations. 1
William Penttila is listed on a 1983 Record of Water Service as the owner of the property as well
as on the 1984 Inventory Form.
The Montana Historical Inventory‟s cursory review of the property indicated no historically
significant persons owned or lived in the residence. Further research of the property is needed to
identify any significant persons who impacted the property.
1 City of Bozeman, Engineering Department Records.
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The house is a vernacular craftsman, likely built of a kit or an adaptation of a kit house. The
property owner has extensively researched the house and could not identify it as a specific Sears
and Roebuck model, so it is likely the builder made modifications on site. It does correspond in
plan and basic elevations to the sketch of a “box fronted bungalow” in Gerald Foster‟s American
Houses: A field guide to the architecture of the home but in a mirror image:
Figure 1: The McGee house does correspond to the basic elevations and floor plans found
in Gerald Foster’s book American Houses: A field guide to the architecture of the home.2
Foster notes, “The term „Bungaloid‟ has been coined to deal with the many varieties of bungalow
and the application of bungalow features that are commonly seen across the country.”3 He
further elaborates about the type of bungalow the McGee house is:
“The first type, sometimes called a box bungalow, is front gabled and much
deeper than wide, built perpendicular to the street, typically allowing space for a
driveway and a garage in the rear. The sizeable front porch is under a second
gable. The front door is to one side and opens directly into the living room.
Behind is the dining room and kitchen with a back door. Next to the living room
is a front bedroom with a bath and another bedroom to the rear served by a
minimal corridor. There is little space upstairs.”4
Bungalows are ubiquitous in early 20th century architecture between 1905 and 1930.
Evolving from the Frank Lloyd Wright Prairie Style school of architecture, as well as the
ability to mass-produce dimensioned lumber, trim, doors and other decorative pieces,
bungalows were also “more efficient in terms of space and less expensive to build than
the complex massing of Victorian houses.”5 Thus the bungalow form was well suited to
the 50 foot wide lots in many new cities and suburbs of America, as well as affordable to
many ranges of working to middle class Americans.
2 Foster, Gerald. American Houses: A field guide to the architecture of the home (Houghton Mifflin Company. New
York, 2004) 350. 3 Foster, 352. 4 Foster, 352. 5 Foster, Gerald. American Houses: A field guide to the architecture of the home (Houghton Mifflin Company. New
York, 2004) 350.
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Bozeman has entire districts of bungalows, such as the South Tracy Historic District (the
800 block), as well as areas like the North Tracy, Bon Ton and Cooper Park Historic
Districts where bungalows are a predominant form of architecture which, taken as a
whole, convey a historic significance about Bozeman‟s growth. The McGee house is a
remaining bungalow on a street of primarily vernacular bungalow and vernacular Queen
Anne forms.
The neighborhood’s history
The South Church Avenue neighborhood initially evolved as more mixed-use than the
residential blocks to the west that make up the Lindley Place and South Tracy/ South
Black Historic Districts. The area was initially part of Daniel Rouse‟s claim to lands
south of Main Street as one of the community‟s founders in 1864. Rouse added this
specific addition to the City of Bozeman in 1881 as “Rouse‟s Second Addition” to the
original plat.
Actual growth along South Church Avenue south of Babcock street was so insignificant
that the Sanborn Fire Insurance Maps did not include the area in its 1884, 1889 or 1890
survey of the community‟s buildings. The 1891 Sanborn Map does include what is now
the Lindley Place Historic District and shows residential buildings on South Church
Avenue up to the intersection with East Olive Street. Church Avenue south of Olive is
obscured by a close up detail of two lumber planing mills, one of which fronts South
Church Avenue in the vicinity of 318 South Church.
Koch and Wilkinson‟s Planing Mill, which included a Planer, Moulder, Mortiser, Tenoner, lathe
and three saws, occupied the midblock area along South Church. The Planing mill complex
included an engine house, storage room and sleeping room. Despite the industry in the area, a
handful of residential buildings appear on the 1891 map that match the foundation footprint of
structures on later Sanborn Maps.
Figure 2: Koch & Wilkinson's Planing Mill, in the vicinity of 318 South Church Avenue.
1891 Sanborn Map.6
The 1904 Sanborn Map encompasses South Church and South Wallace Avenues and
6 1891 Sanborn Fire Insurance Map for Bozeman, Montana. The Sanborn Map Company, Sanborn Library, LLC: 2001.
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indicates that the planing mill‟s named changed to PT Morris by January of 1904. The
mill‟s “sleeping room” had been enlarged to a “fuel bin”, a carpentry shop added to the
south and detached coal bins along the property line to the east. With exception of the
corner of South Church and East Curtis Streets, residences lined the east side of South
Church Avenue at this time, including residences addressed to 228 South Church and 336
South Church.
Figure 3:The January 1904 Sanborn Map for South Church and South Wallace Avenues
indicates a change in name of the planing mill, as well as development of the
neighborhood.7
Across South Church Avenue, a single farmstead with a barn and root cellar occupied the
entire block south of East Olive Street to Bozeman Creek.
7 1904 Sanborn Fire Insurance Map for Bozeman, Montana. The Sanborn Map Company, Sanborn Library, LLC: 2001.
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Figure 4: 1904 Sanborn Map for Bogert Park, showing a farmstead on the land that
eventually became Bogert Park.8
In 1912 the Sanborn Map for this block indicated the north portion, along East Olive Street, had
been developed into a concrete block factory. The JM Lindley house, of concrete-block
construction, is indicated in its present location at 416 East Olive Street.
Figure 5: 1912 Sanborn of the lands that would become Bogert Park and the south side of
the 400 block of East Olive Street where a concrete block factory was located.9
The 1912 Sanborn map notes the PT Morris mill as generally unchanged since the 1904 survey.
8 1904 Sanborn Fire Insurance Map for Bozeman, Montana. The Sanborn Map Company, Sanborn Library, LLC: 2001.
9 1912 Sanborn Fire Insurance Map for Bozeman, Montana. The Sanborn Map Company, Sanborn Library, LLC: 2001.
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But while the mill may have carried on unchanged, the neighborhood also withstood the arrival
of the railroad in its back yard when property owners the west of South Church Avenue granted
or sold lands to the Gallatin Valley Electric Railroad. The GVER completed its line between
Bozeman and Salesville (now Gallatin Gateway) in 1909, and then quickly sold to the Chicago,
Milwakuee, St. Paul and Pacific Rail Road; the Milwaukee Road for short.
Figure 6: 1912 Sanborn Fire Insurance Map. Note the appearance of the Milwaukee Road
to the east of South Church Avenue.10
One of the last transcontinental railroads built, the Milwaukee Road was constructed wholly with
private financing and unaided by the government land grants that financed the transcontinental
railroads of the 19th century. It‟s line across Montana went north of Bozeman, through Maudlow
and Lombard before coming into Three Forks. From Three Forks, a passenger could take the
train south to Gallatin Gateway and then loop back northeast to Bozeman, where they
disembarked at the Milwaukee Road‟s passenger depot. A fire extensively damaged the
Milwaukee Road depot in the late 1990‟s, and the structure was dismantled to make room for the
Bozeman Public Library in 2000.
10 1912 Sanborn Fire Insurance Map for Bozeman, Montana. The Sanborn Map Company, Sanborn Library, LLC: 2001.
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Figure 7: 1912 Sanborn Map, depicting the Milwaukee Road's passenger depot on East
Main Street of Bozeman.11
The presence of the train line 400 feet to the east of South Church Avenue as well as the planing
mill and concrete block factory gave this neighborhood of Bozeman a more industrial or mixed-
use feel. The City of Bozeman purchased the majority of the half-block across the street in 1921
to create Bogert‟s Grove, a park and campground for use by residence and automobile tourists en
route to Yellowstone National Park. From the information provided in the Water and Sewer
applications, the McGee house also likely was built in 1921.
The next Sanborn Fire Insurance Map for the neighborhood was completed in 1927. Of note is
the disappearance of the planing mill and the conversion of the block factory to storage, which
indicates a shift in the neighborhood away from the mixed-use that characterized its early
development. Bogert Park is noted as a “Tourist Park”. The McGee house at 332 South Church
first appears on this 1927 Sanborn Map, and the open porch of the house is denoted by a dotted
line.
11 1912 Sanborn Fire Insurance Map for Bozeman, Montana. The Sanborn Map Company, Sanborn Library, LLC: 2001.
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Figure 8: 1927 Sanborn Map of the 300 Block of South Church Avenue. The McGee
residence, at 332 South Church, is outlined. Note that the planing mill has left the
neighborhood.
The 1943 Sanborn Map for the neighborhood shows the residences along South Church Avenue
greatly unchanged. The McGee garage is not indicated on this map. The area that became Bogert
Park is still noted as a “Tourist Park” although the Bogert Pool and dressing rooms are included
on the map.
Figure 9: The 1943 Sanborn Map of South Church Avenue.
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Figure 10: 1943 Sanborn of what is now Bogert Park.
Sometime after the house‟s construction but prior to Bozeman‟s 1984 Montana Historical and
Architectural Inventory a number of the windows were replaced and asphalt siding was applied
to the house over the historic wood siding. Mr. & Mrs. McGee have owned the property for over
five years.
Discussion of integrity
In updating the inventory file, it is important to examine the current condition of the structure
and how it relates to the structure‟s historic integrity and significance.
The Secretary of the Interior‟s Standards use seven measures of integrity to determine how intact
the historic significance of a cultural resource is:
1. Location: The relationship between the place where something occurred or was built
and the event defining the property’s significance. The location can be as specific as
Ford’s Theatre or as broadly defined as Gallatin County. All information indicates that
the structure at 332 South Church Avenue was constructed on this site.
The structure at 332 South Church Avenue retains its original location.
2. Setting: The setting surrounding the structure should continue to convey the time
period in which the structure was built. It appears that the bungalow at 332 South Church
Avenue was built in a time of transition in the neighborhood. The planing mill and block
factory that impacted the neighborhood‟s mixed use character moved or was disbanded, and
despite the daily trains of the Milwaukee Road, the neighborhood shifted towards primarily
residential use.
Today the neighborhood is a mix of single family residential and multi-family residential.
Bogert Park across the street continues to be the center of the neighborhood. A number of
residences have undergone alterations, some of which are detrimental to a potential historic
district.
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The structure at 332 South Church continues to convey the time period in which it was
built.
3. Materials: The structure should maintain the materials present during its period of
significance. Currently, the residence maintains a wood shake roof and narrow lap siding
characteristic of its time of construction. Many of the windows have been replaced.
The 1984 Inventory for the property likely identified the property as “non-contributing” due
to the asbestos shingles sheathing the building when the current property owners purchased
it. As the siding has been restored, the building is solidly in the “contributing” status.
The structure at 332 South Church Avenue retains enough of its original materials present
during its period of significance.
4. Workmanship: The structure should convey the level of workmanship that built it
during its period of significance. Without having been in the structure, this item of
integrity is difficult to fully gauge. The exterior of the house does convey the level of
workmanship typical of a house of this era.
The exterior of the structure at 332 South Church Avenue does convey the level of
workmanship that built it during its period of significance.
5. Design: The structure should convey the combination of elements that create the form,
plan, space, structure and a style of property or landscape. The design and plan of the
bungalow at 332 South Church Avenue are typical of a vernacular bungalow of the period.
The exposed rafter tips and angle bracketing in the gable end, as well as the shallow bay
breaking up the south elevation are indicative of the vernacular craftsman style. The form of
the house is generally uncluttered by additions or alterations.
The structure at 332 South Church Avenue does convey its historic design.
6. Association: The direct link between an important event or person and a historic
property. Association cannot be evaluated without the archival record and its direct
link to physical features. Extensive research into this property‟s association has not been
completed at this time.
Further research is needed to rule out any significant historical associations connected to the
structure at 332 South Tracy Avenue.
7. Feeling: The expression of the aesthetic or historic sense of a particular period of time,
often resulting from the presence of physical features that when taken together;
convey the property’s historic character.
The structure at 332 South Tracy Avenue does convey the feeling of a vernacular craftsman
bungalow built in a mixed-use neighborhood between 1905 and 130.
In conclusion, the structure at 332 South Church Avenue does retain enough historical integrity
to “contribute” to a potential historic district. The balance of the potential district along South
Church Avenue may not retain enough integrity to form a district, and the specific property at
332 South Church may not be significant enough for individual listing. With this in mind,
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Historic Preservation Planning Staff has acquiesced to extensive alterations to the property and
focused its review on the appropriateness of the proposed rehabilitation.
Other issues pertaining to this application:
A significant issue of access did arise during review of the project. The legal status of the “alley”
to the east of the property is undetermined at this time and has ramifications for this project. The
“alley” may never have been platted, and the property owners along this section of South Church
Avenue may in fact own lots that include the 25 foot wide “alley”; thus lots would be 227 feet
from west to east instead of 202 feet deep.
Legal research is needed to determine the legal status of the “alley”. If no “alley” in fact exists
legally, the property owners could create one where the “alley” has been historically by entering
into a mutual access easement agreement amongst the neighbors.
As currently planned, access to the rear accessory structure primarily comes from the “alley” to
the east, via an easement from the City to the property owners from the Pete‟s Hill Parking lot.
Because the “alley” does not go through the block and exit on Curtis Street, there is not adequate
access to meet Fire Code standards. The Fire Department must be able to come within 150 feet
of the rear wall a structure without fire sprinklers. The access must be on an access road designed
and maintained to support the imposed loads of fire apparatus and on a surface suitable for all-
weather driving capabilities. The Fire Department also requires an approved provision for
turning around of fire apparatus on any dead end access road or alley over 150 feet in length.
Currently, the rear wall of the proposed structure is 181 feet from South Church Avenue and
over 200 feet from the Pete‟s Hill Parking lot. Thus, regardless of if the “alley” is a legal alley or
one established through a mutual access easement agreement, a turnaround suitable for the Fire
Department‟s needs is still required in the “alley”. The most obvious space for a turnaround of
this nature might be on the triangle of land owned by the City of Bozeman/ Bozeman Public
Library, but permission for such an access easement must be granted through the Library Board,
which meets on September 16th.
The Fire Department has offered the property owner other potential solutions. The accessory
building could be moved closer to South Church so that the rear wall is within 150 feet of South
Church. Alternatively, the property owner could install fire sprinklers in the building, which
would allow the rear wall of the building to be up to 450 feet from South Church Avenue per the
Fire Code.
Fire and Engineering Staff‟s conditions of approval address these issues by giving the property
owner options to resolve the issue either through determining the alley‟s legality and installing a
fire turnaround, relocating the accessory structure on the site or installing fire suppression in the
accessory building.
ZONING DESIGNATION & LAND USES
The subject property is zoned “R-2” (Residential Two Household, Medium Density District). As
stated in the Bozeman Unified Development Ordinance, the intent of the “R-2” residential
district is to provide for one and two household residential development at urban densities within
the City in areas that present few or no development constraints, and for community facilities to
serve such development while respecting the residential quality and nature of the area.
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The following land uses and zoning are adjacent to the subject property:
North: Single family household, zoned “R-2”;
South: Single family household, zoned “R-2”;
East: Gallagator Trail access, Zoned “Public Lands and Institutions”
West: Bogert Park, zoned “R-2”
GROWTH POLICY DESIGNATION
The development proposal is in conformance with the Bozeman 2020 Community Plan including
the “Residential” land use designation. This classification designates places where the primary
activity is urban density living quarters. Other uses that complement residences are also
acceptable, such as parks, low intensity home based occupations, fire stations, churches and
schools. The dwelling unit density expected within this category varies and a variety of housing
types should be blended to achieve the desired density, with large areas of single type housing
discouraged. Additionally, all residential housing should be arranged with consideration given to
the existing character of adjacent development.
REVIEW CRITERIA & STAFF FINDINGS
Section 18.28.050 “Standards for Certificates of Appropriateness”
Section 18.28.050 specifies the required standards for granting Certificate of Appropriateness
approval. In the discussion below, Administrative Design Review (ADR) Staff evaluated the
applicant's request in light of these standards.
A. All work performed in completion of an approved Certificate of Appropriateness
shall be in conformance with the most recent edition of the Secretary of Interior’s
Standards for the Treatment of Historic Properties with Guidelines for Preserving,
Rehabilitating, Restoring and Reconstructing Historic Buildings (Published 1995),
published by U.S. Department of the Interior, National Park Service, Cultural
Resource Stewardship and Partnerships, Heritage Preservation Services,
Washington, D.C. (available for review at the Department of Planning).
With recommended conditions, staff finds this project to be in conformance with the
Secretary of the Interior‟s Standards for the Treatment of Historic Properties, which is
considered with the design guidelines listed below. The recommended conditions will
enable this project to be an appropriate infill project in the context of the surrounding
residences and the Neighborhood Conservation Overlay District.
B. Architectural appearance design guidelines used to consider the appropriateness
and compatibility of proposed alterations with original design features of subject
structures or properties, and with neighboring structures and properties, shall focus
upon the following:
1. Height;
Principal House:
The project proposes to increase the height of the house from 17 feet to 27 feet 7
inches. This proposed height is shorter by a foot and a half than the two tallest
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buildings on the streetscape, which has heights varying from 18 feet to 29 feet.
The design proposal strives to break up the perception of this height be including a
full width porch with but a hipped and front gable roof forms, stacked piers and
paired columns and varied materials. All of these architectural elements reflect
suggestions made in Bozeman’s Design Guidelines for Historic Preservation and the
Neighborhood Conservation Overlay District.
Staff finds the proposed height of the structure, given the multitude of architectural
elements to break up the west elevation, an acceptable design for an infill project in
the Neighborhood Conservation Overlay District
Accessory garage and guesthouse:
Per BMC 18.38.050 E 1 no accessory structure can exceed the height of the principal
building. The proposed accessory structure is 26 feet high; the principal building after
the rehabilitation will be 27 feet 3 inches in height.
The design proposal again attempts to break up the perceived height of the west-
facing facade with gable roof forms over the art studio area, as well as a shed roof
over the garage door. This design prevents a single plane of the building to extend
from the ground to the roof uninterrupted.
Staff finds the proposed height of the Accessory Garages with Dwelling Unit
appropriate for the neighboring structures and properties.
2. Proportions of doors and windows;
Principal House:
Staff finds the proportions of doors and windows appropriate in the context of the
neighborhood.
Accessory garage and guesthouse:
Staff finds the proportions of doors and windows for the garage and guesthouse
appropriate in the context of the neighborhood.
3. Relationship of building masses and spaces;
Principal House:
The proposed design does significantly increase the mass of a structure on the site.
The applicant included a streetscape that indicates that although the increase of mass
affects the property at 332 South Church Avenue, the proposed mass is not
inconsistent with other residences on the streetscape.
The project proposes to reuse the existing foundation on the site, which enables
continuation of the existing conforming setbacks, as well as maintenance of the
existing spacing between the house and its neighbors. In this regard, the narrowness
of the proposed front elevation helps the proposed mass have less of a detrimental
effect than a wholly new structure which might have a wider elevation.
The project also proposes to utilize varying materials, roof forms and porches that
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step down towards the street to break up the larger mss into smaller modules, as
recommended by Bozeman’s Design Guidelines.
Staff acknowledges that the proposed design will increase the perceived mass of the
structure from the street, but that as an infill proposal the massing of this project
generally fits within the context of the neighborhood.
Accessory garage and guesthouse:
The accessory garage is proposed to be significantly removed from the principal
residence and accessed from the east side of the property. Although the proposed
accessory structure is larger than most accessory structures in the neighborhood, the
height difference as well as large separation between the house and proposed garage
and guesthouse further make them “subordinate” to the principal building. The
proposed building meets all setback requirements for its footprint.
Staff finds the proposed relationship of building masses and spaces appropriate within
the context of the neighborhood.
4. Roof shape;
Principal House:
The proposed roof shape appropriately maintains the front gable appearance of the
property, as well as mimic‟s the historic roof‟s pitch. The front gable appearance
further serves to reduce the perceived mass of the structure. Shed dormers off the
north and south roof lines are appropriately subordinate to the principal roof line, and
in keeping with dormer styles found in bungalow styles.
Staff finds the proposed roof shape appropriate for an infill house in the South Church
Avenue neighborhood.
Accessory garage and guesthouse:
The accessory garage design proposes to mimic the front gable design of the house,
which further reduces the perceived mass from the street.
5. Scale;
Please see comments under “Relationship of building masses and spaces.”
6. Directional expression;
Principal House:
The proposed design appropriately responds to the pattern of directional expression
within the context of the neighborhood and also maintains the historic directional
expression of the residence. The front facing front door, porch and primary façade are
appropriate within the context of the neighborhood.
Accessory garage and guesthouse:
The accessory garage includes a single garage door that faces the street to the west,
and two garage doors that face east. The arrangement is appropriate within the
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context of the neighborhood.
7. Architectural details;
Principal House:
The architectural details of this proposed project are consistent with a neo-bungalow
design of an infill project. The four-over-one windows, angle brackets, change of
materials on the second floor and porch details reflect the craftsman detailing of the
historic house. Preservation Planning Staff is hesitant to recommend approval of the
metal roof in combination with the metal siding proposed for the second floor, and
asks the applicant to provide a material sample for consideration prior to Building
Permit.
Proposed lighting is not included with the design plans, but lighting fixtures are
required by code to meet IESNA “full-cutoff” criteria (no light output emitted above
90 degrees at any lateral angle around the fixture). Staff has asked for specifications
for lighting features as a Condition of Approval.
Accessory garage and guesthouse:
The proposed accessory garage incorporates the mixed exterior materials and window
patters of the principal residence, but inappropriately absent of extensive fenestration.
8. Concealment of non-period appurtenances, such as mechanical equipment;
Principal House & Accessory Garage:
All mechanical equipment is required by code to be outside of the front or side yard
setbacks and screened from view.
9. Materials and color scheme;
Principal House & Accessory Garage:
Please see my comments under “Architectural Details”
C. Contemporary, nonperiod and innovative design of new structures and additions to
existing structures shall be encouraged when such new construction or additions do
not destroy significant historical, cultural or architectural structures, or their
components, and when such design is compatible with the foregoing elements of the
structure and the surrounding structures.
Staff finds that the proposed partial demolition does compromise the integrity of a
building with enough remaining integrity to be considered “contributing” to a potential
historic district. Without an applicable inventory for the entire South Church potential
district, it is difficult to determine if enough properties on the street maintain enough
integrity to create a cohesive district.
Staff finds that as a new design in the Neighborhood Conservation Overlay District the
proposed design is compatible with the foregoing elements of the surrounding structures
and in character with the surrounding South Church Avenue neighborhood.
D. When applying the standards of subsections A-C, the review authority shall be
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guided by the Design Guidelines for the Neighborhood Conservation Overlay
District which are hereby incorporated by this reference. When reviewing a
contemporary, non-period, or innovative design of new structures, or addition to
existing structure, the review authority shall be guided by the Design Guidelines for
the Neighborhood Conservation Overlay District to determine whether the proposal
is compatible with any existing or surrounding structures.
All chapters of the Design Guidelines for the Neighborhood Conservation Overlay
District apply to this project as Staff reviewed this property as a “contributing” structure
in the Conservation Overlay District. Said guidelines were all considered during ADR
Staff‟s architectural review and reflected in the above comments.
E. Conformance with other applicable development standards of this title.
The required criteria for granting demolition are examined in the following section.
Section 18.28.80 “Demolition or Movement of Structures or Sites within the Conservation
District”
Section 18.28.080 specifies the required criteria for granting demolition or movement of
any structure or site within the conservation district. In the discussion below, ADR Staff
evaluated the applicant‟s request in light of these criteria.
A. Applications for the demolition or movement of structures within the conservation
district will not be accepted without a complete submittal for the subsequent
development or treatment of the site after the demolition or movement has
occurred. The subsequent development or treatment must be approved before a
demolition or moving permit may be issued.
The application included a complete submittal for the subsequent development of the site
after the partial demolition of the residence and complete demolition of the garage is
complete.
B. The demolition or movement of conservation district principal and accessory
structures or sites, which are designated as intrusive or neutral elements by the
Montana Historical and Architectural Inventory, and are not within recognized
historic districts or in other ways listed on the National Register of Historic Places,
shall be subject to approval by the Planning Director after review and
recommendation of Administrative Design Review staff or Design Review Board as
per Chapters 18.34 and 18.62, BMC, and the standards outlined in §18.28.050,
BMC. The Montana Historical and Architectural Inventory Form shall be reviewed
and, if necessary, updated by the Historic Preservation Planner to reflect current
conditions on the site, prior to the review of the demolition or movement proposal.
The final approval authority for the demolition or movement of structures or sites
described within this section shall rest with the City Commission when proposed in
conjunction with a deviation, variance, conditional use permit or planned unit
development application.
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Per this code, the Montana Historical and Architectural Inventory Form for the property
was updated and the property found to be “contributing” to a potential historic district
and thus subject to the provisions of letter C below.
C. The demolition or movement of conservation district principal and accessory
structures or sites, which are designated as contributing elements by the Montana
Historical and Architectural Inventory, and all properties within historic districts
and all landmarks, shall be subject to approval by the City Commission, through a
public hearing. Notice of the public hearing before the City Commission shall be
provided in accordance with Chapter 18.76, BMC. Prior to holding the public
hearing, the City Commission shall receive a recommendation from Administrative
Design Review staff and the Design Review Board. The Montana Historical and
Architectural Inventory Form shall be reviewed and, if necessary, updated by the
Historic Preservation Planner to reflect current conditions on the site, prior to the
review of the demolition or movement proposal. The final approval authority for the
demolition or movement of structures or sites described within this section shall rest
with the City Commission.
The City Commission shall base its decision on the following:
1. The standards in §18.28.050, BMC and the architectural, social, cultural and
historical importance of the structure or site and their relationship to the district
as determined by the State Historic Preservation Office and the Planning
Department.
The architectural, social, cultural and historical importance of the structure and their
relationship to the district was explored at length in the “background” portion of this
staff report.
Please see my notes from the August 27, 2009 Bozeman Historic Preservation
Advisory Board‟s discussion of this topic.
2. If the Commission finds that the criteria of this section are not satisfied, then,
before approving an application to demolish or remove, the Commission must
find that at least one of the following factors apply based on definitive evidence
supplied by the applicant, including structural analysis and cost estimates
indicating the costs of repair and/or rehabilitation versus the costs of demolition
and redevelopment:
a. The structure or site is a threat to public health or safety, and that no
reasonable repairs or alterations will remove such threat; any costs
associated with the removal of health or safety threats must exceed the
value of the structure.
b. The structure or site has no viable economic or useful life remaining.
Staff has not concluded that the criteria of this section are not satisfied. It should be
noted, however that this project involves the demolition of what has been determined
to be a contributing structure; the building is not a threat to public safety; and has
economic viability remaining.
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With this in mind the other residential properties along South Church Avenue likely
do not retain enough integrity of materials, mass, scale, etc. to be considered for a
future Historic District. Thus, advocacy for preservation of the building in its current
form is withheld.
D. If an application for demolition or moving is denied, issuance of a demolition or
moving permit shall be stayed for a period of two years from the date of the final
decision in order to allow the applicant and City to explore alternatives to the
demolition or move, including but not limited to, the use of tax credits or adaptive
reuse. The two year stay may be terminated at any point in time if an alternate
proposal is approved or if sufficient additional evidence is presented to otherwise
satisfy the requirements of subsection B or C of this section.
Staff is not recommending denial.
PUBLIC COMMENT
At the time this Staff Report was due the Department of Planning & Community Development
received three letters of public comment regarding this application:
From Katherine Ball on August 6, 2009
From Linda Semones and Salal Huber-Mcgee on August 14, 2009
From Linda Semones on August 17, 2009
All of these letters of public comment express concern regarding the legal issues surrounding the
“alley” to the east and are included in the packet to the City Commission.
The Department of Planning & Community Development also received a petition of support for
the project signed by seven of the neighbors on August 14, 2009.
Recommended Conditions of Approval:
Staff reviewed the Certificate of Appropriateness application for partial demolition against the
criteria set forth in the Bozeman Unified Development Ordinance. Based on the evaluation of
the criteria and findings by Administrative Design Review Staff, Staff recommends conditional
approval of the Certificate of Appropriateness application with the following conditions:
Planning Conditions:
1. Documentation of the accessory structure to be demolished shall be completed prior to
issuance of a Demolition Permit. The applicant shall make every effort to salvage the
materials in the structure.
2. ADR Staff finds the amount of metal proposed for exterior materials of the building is
inconsistent with the character of the neighborhood and traditional building techniques.
The applicant shall reduce the amount of metal materials used on the second story of the
principal building. This can be accomplished through using a metal roof and shakes on
the second story walls or a traditional shake or asphalt roof and metal on the second story
walls. Another consideration might be using metal on the porches and dormer gables,
while using a more traditional material on the primary roof form.
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3. A color and materials palette of all new construction materials and replacement materials
(windows, doors, roofing, etc.) shall be submitted to the Department of Planning for final
review and approval by Administrative Design Review Staff.
Water & Sewer Department Conditions:
4. The Water Department is requiring you to contact their Backflow Specialist at 582-3200
to arrange a time for an inception at this property to determine if the water service has a
backflow preventer or not. If it does not applicant will have a preventer and expansion
tanks installed and schedule a follow up visit after installation of these devices.
5. The Water & Sewer Department requires that separate buildings have separate sewer
lines. The sewer for the garage Accessory Dwelling Unit must be attached directly to the
main, while the water may be tapped from the house.
Fire Department Conditoins:
6. An approved provision for turning around of fire apparatus on any dead end access road
(alley) over 150 feet in length (2003 Uniform Fire code- NFPA 1: 18.2.2.5.4).
7. This access road and turn around shall be designd and maintained to support the imposed
loads of fire apparatus and shall be provided with a surface suitable for al-weather driving
capabilities (NFPA 1: 18.2.2.5.2).
[The Fire Code access issue may also be remediated through installation of fire
suppression sprinklers in the building]
Engineering Conditions:
8. Documentation of legal alley access shall be provided. If it is determined that alley right-
of-way does not legally exist within Block E, Rouses 2nd Addition, then a Public Street
and Utility Easement shall be established to provide legal access to the north property
line of the project parcel. The easement shall be 25‟ in width, acceptable in form and
content, and executed by the property owner(s) prior to issuance of Building Permit.
9. A turnaround, approved by the Bozeman Fire Department, shall be provided for dead-end
access exceeding 150‟ in length. The access and turnaround shall be designed to support
the imposed loads of fire apparatus and shall be provided with a surface suitable for all-
weather driving capabilities. A Public Street and Utility Easement shall be established to
provide legal access for the turnaround. The easement shall be acceptable in form and
content, and executed by the property owner(s) prior to issuance of Building Permit.
[See Fire Department Conditions]
10. Any damaged sidewalk panels fronting the property shall be replaced prior to occupancy.
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The applicant must comply with all provisions of the Bozeman Municipal Code that are
applicable to this project, including those identified in this staff report:
Per Section 18.34.130, a Building Permit must be obtained prior to the work, and must
be obtained within one year of Final Site Plan approval. Building Permits will not be
issued until the Final Site Plan is approved. Minor site surface preparation and normal
maintenance shall be allowed prior to submittal and approval of the Final Site Plan,
including excavation and footing preparation, but NO CONCRETE MAY BE
POURED UNTIL A BUILDING PERMIT IS OBTAINED.
Per Section 18.38.050.F, “Accessory Buildings, Uses and Equipment,” all
mechanical equipment shall be screened. Rooftop equipment should be incorporated
into the roof form and ground mounted equipment shall be screened with walls,
fencing or plant materials.
Per Section 18.42.150, “Lighting,” all proposed site and building lighting shall
comply with said Section requirements. A detailed lighting plan shall be included with
the Building Permit submittal.
Per Section 18.44.100, “Street Vision Triangle,” at the intersection of each driveway
or alley with a street, no fence, wall or planting > 30” above the street centerline
grades, shall be permitted in the street vision triangle.
Per Section 18.48.060, “Landscape Performance Standards,” all proposed
landscaping shall comply with said Section requirements.
Per Section 18.64.110, “Permit Issuance,” states that no permit or license shall be
issued unless the use, arrangement and construction has been set forth in such approved
plans and applications.
A Stormwater Drainage/Treatment Grading Plan and Maintenance Plan for a system
designed to remove solids, silt, oils, grease, and other pollutants must be provided to
and approved by the City Engineer. The plan must demonstrate adequate site drainage
(including sufficient spot elevations), stormwater detention/retention basin details
(including basin sizing and discharge calculations and discharge structure details),
stormwater discharge destination, and a stormwater maintenance plan.
A drainage easement must be established on the adjacent property and filed with the
County Clerk & Recorder for drainage improvements and discharge courses located off
the subject property.
The Building Permit shall be adequately dimensioned and labeled with a legend of
linetypes and symbols used provided.
Easements and R/W located on and adjacent to the site shall be depicted and labeled
appropriately. Distinction between proposed and existing easements shall be made.
Any proposed easements shall be provided prior to FSP approval.
The location of existing and proposed water/sewer mains and services shall be properly
depicted, as well as nearby fire hydrants and proposed hydrants. Proposed utilities
shall be distinguishable from existing. City of Bozeman applications for service shall
be completed by the applicant.
Proposed water/sewer mains, services and hydrants shall maintain a minimum
horizontal separation of 10‟ to trees.
32694
Z-09145 McGee Partial Demolition and accessory garage with guest house Site Plan COA/ Demo
23
All construction activities shall comply with section 18.74.020.A.2 of the Unified
Development Ordinance. This shall include routine cleaning/sweeping of material that
is dragged to adjacent streets. The City may require a guarantee as allowed for under
this section at any time during the construction to ensure any damages or cleaning that
are required are complete. The developer shall be responsible to reimburse the City for
all costs associated with the work if it becomes necessary for the City to correct any
problems that are identified.
CONCLUSION
Administrative Design Review Staff recommends conditional approval of this Sketch Plan
Certificate of Appropriateness application.
The applicant is advised that unmet code provisions, or code provisions that are not specifically
listed as conditions of approval, do not, in any way, create a waiver or other relaxation of the
lawful requirements of the Bozeman Municipal Code or state law.
BECAUSE THIS APPLICATION IS FOR DEMOLITION OF A STRUCTURE
CONTRIBUTING TO A POTENTIAL HISTORIC DISTRICT WITHIN THE
NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT, THE BOZEMAN CITY
COMMISSION SHALL MAKE THE FINAL DECISION ON THIS APPLICATION.
THE DECISION OF THE CITY COMMISSION MAY BE APPEALED BY AN
AGGRIEVED PERSON AS SET FORTH IN CHAPTER 18.66 OF THE BOZEMAN
UNIFIED DEVELOPMENT ORDINANCE.
If the Commission grants conditional approval, the revised materials as conditioned shall
be submitted to the Department of Planning & Community Development prior to issuance
of a Demolition Permit and within six (6) months from the date of this report for review by
ADR Staff. Once the materials are deemed complete and adequate, your COA certificate (white
copy) and notice (pink copy) will be released for the project.
Encl:
Applicant‟s submittal materials
Courtney Kramer‟s minutes to the August 27, 2009 Bozeman Historic
Preservation Advisory Board Meeting
CC: Michael McGee and Salal Huber-McGee, 332 South Church Avenue, Bozeman,
MT 59715
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